Who Can Sell the Property After a Break Up If You’re Not Married?

Breaking up is never easy, but things can get even more complicated when a property is involved, especially if you’re not married. Questions about who owns what, who can stay, and whether the home can be sold often cause confusion and conflict.

If your name isn’t on the title deeds or you’re unsure of your legal rights, knowing where you stand is essential. This guide explores who can sell a property after a break-up when you’re not married, what rights each person may have, and how to navigate disputes fairly and efficiently.

Why ownership matters when you’re not married

When an unmarried couple separates, property rights aren’t as straightforward as they are for married couples. The legal ownership structure of the property will determine who can sell it, who has a claim to the equity, and what happens next. Below is how each type of ownership can affect your situation.

Sole ownership

If the property is in just one person’s name, they are the sole legal owner. This means they can usually sell the property without the other person’s consent, as long as there are no other legal restrictions (such as a registered home rights notice). The partner who isn’t on the title deeds typically has no automatic legal right to the property, even if they’ve contributed financially, unless they can prove a beneficial interest through legal action.

Joint tenants

As joint tenants, both parties have equal ownership of the entire property. This means neither party owns a specific share; it will be a 50/50 split regardless of who contributed more financially. If the relationship ends, both must agree to sell, and the proceeds will typically be divided equally.

Tenants in common

Tenants in common each own a defined share of the property, which doesn’t have to be equal. This structure is more flexible, particularly for couples who have contributed unequally to the purchase. Each person can leave their share to someone else in their will, and in the event of a break-up, you can apply to sell or buy out the other’s share. However, both parties still need to agree on a sale or seek a court order if an agreement can’t be reached.

What happens if you’re not on the title deeds?

If you’re not named on the title deeds, you don’t have automatic legal ownership of the property. However, you might still have a claim if you can prove you have a beneficial interest. This is, essentially, a financial stake in the property, even if it’s not legally recognised on paper.

Establishing beneficial interest

A beneficial interest arises when someone who isn’t the legal owner can prove that they have contributed to the property in a way that gives them a right to a share of its value. This legal concept recognises that ownership isn’t always just about whose name is on the title deeds – it can also be about who has financially supported the property over time.

This situation commonly occurs in long-term relationships where one partner makes regular contributions that support the purchase, upkeep, or improvement of the home, even if they’re not a registered owner. This might include helping to pay the mortgage, covering major renovation or repair costs, or paying bills that allow the legal owner to afford the mortgage. In some cases, couples agree informally that one person will cover day-to-day expenses while the other pays the mortgage. Over time, this can also be used to support a claim of shared interest.

If the relationship breaks down, the non-owner might be able to ask a court to recognise their beneficial interest and award them a share of the proceeds from a sale. However, this isn’t automatic. The burden will be on the non-owner to prove that there was a common intention to share the ownership of the property and that they acted on this intention, usually through financial contributions or sacrifices made with the understanding that they had a stake in the property.

Proving financial contributions

To establish a beneficial interest, you’ll need evidence of your financial input. This might include proof of regular mortgage payments, receipts for renovations or improvements, or bank transfers showing contributions to the household. Courts might also consider non-financial contributions, such as taking on childcare or other responsibilities that meant the other partner was able to maintain the property. These cases can be complex, and outcomes vary, but strong, documented financial contributions give the best chance of success.

Can one person sell the house without the consent of the other?

Whether someone can sell a property without the other person’s consent depends on how the ownership is structured. In break-ups, especially between unmarried couples, confusion and disputes can often arise when one person wants to sell and the other doesn’t.

If you’re a joint owner

If both parties are listed as joint owners, either as joint tenants or tenants in common, one person cannot legally sell the property without the other’s consent. Both owners must agree to the sale and sign the necessary legal documents.

If there’s a disagreement about whether to sell, one party can apply to the court for an order for sale under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA). The court will then decide whether the sale should go ahead, taking into account factors such as the intentions of the owners, the welfare of any children involved, and whether the sale is necessary to resolve financial issues.

If you’re not a legal owner

If your name isn’t on the title deeds, you have no legal right to prevent the sale. The legal owner is entitled to sell the property without your consent, unless you’ve taken steps to register a legal interest, such as applying for a restriction on the title through the Land Registry.

As we’ve discussed, in some cases, if you’ve established a beneficial interest, you might be able to apply for a restriction to delay or block the sale until your interest is resolved. This is often done as part of wider legal proceedings, and professional advice is strongly recommended if you’re in this situation.

What are your rights if you’ve moved out?

Moving out of a shared home after a break-up doesn’t necessarily mean you lose all rights to the property, especially if you’ve contributed financially or have a legal or beneficial interest. However, your position will depend on whether you’re a legal owner, have registered any rights, or can prove a financial stake in the property.

Occupation rights

If you’re not a legal owner but were living in the property as your home, you might be able to register a ‘home rights notice’ with the Land Registry. This gives you the right to occupy the property, even if it’s not in your name. It also means the legal owner cannot sell or remortgage the property without notifying you. However, home rights only apply as an automatic right to properties where the couple was married or in a civil partnership – unmarried partners can only register if there’s a legal entitlement, such as a beneficial interest.

If you are a joint legal owner, your right to return to or stay in the property remains unless a court says otherwise. Even if you’ve left, the other party cannot exclude you or sell the property without your agreement.

Claiming an interest

If you’ve moved out but contributed financially, such as helping with the deposit, mortgage payments, or renovations, you might still be able to claim a beneficial interest in the property. This can give you the right to a share of the proceeds if the house is sold, even if you’re not living there. As mentioned, if you want to make a claim, you’ll need evidence of your contributions and, ideally, a clear indication that there was an agreement or understanding that you had a stake in the property.

How to resolve a dispute over the property

Disputes over property after a break-up can be emotionally and financially draining, especially when the couple isn’t married and the legal protections are less clear. The best outcomes often come from early communication and being willing to reach a fair agreement without unnecessarily escalating the situation.

In many cases, the first step is to try negotiation or mediation. This involves both parties working together, either directly or through representatives, to come to a mutual decision about what happens to the property. Mediation can be particularly helpful as it involves a neutral third party who will help guide the discussion and keep things constructive. It’s generally faster, less costly, and less stressful than going through the courts, and it can lead to more flexible, tailored outcomes. Any agreement reached can be made legally binding with the help of a solicitor.

If negotiation fails or one person refuses to cooperate, applying to the court may be necessary. This usually involves making a claim under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA), where the court is asked to determine the legal and beneficial ownership of the property, or to order its sale. The court will consider a range of factors, including any financial contributions made, whether there was a shared intention to own the property jointly, and the practical needs of both parties. While court action can clarify legal rights and force a resolution, it can also be expensive and time-consuming, so it’s often seen as a last resort.

How Sell House Fast can help with a quick house sale

During a break-up, tensions can run high, especially when it comes to dividing property. Sell House Fast offers a simple, quick solution that can help reduce stress and avoid drawn-out disputes. We’ll purchase your property directly for cash, eliminating the need for lengthy sales processes, multiple viewings, or agreement on which estate agent to use. This can be particularly useful when communication has broken down or when both parties want to move on quickly. With no hidden fees or chains, the process is straightforward and designed to help both sides resolve matters efficiently.

You can get a free cash offer or contact the team for more information about how we can help you.